STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ALEJO FERNANDEZ,

Petitioner,

vs.

TOM PETERS,

Respondent.

)

)

)

)

) Case No. 05-4561

)

)

)

)

)

RECOMMENDED ORDER

Pursuant to notice, a final hearing was held in this case on February 10, 2006, in Orlando, Florida, before Administrative Law Judge Jeff B. Clark of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Alejo Fernandez, pro se

2000 South Orange Blossom Trail Orlando, Florida 32805

For Respondent: Tom Peters, pro se

138 North Hart Boulevard Orlando, Florida 32835

STATEMENT OF THE ISSUE

Whether Respondent discriminated against Petitioner by evicting him from his apartment as alleged in the Petition for Relief filed by Petitioner.

PRELIMINARY STATEMENT

On July 25, 2005, Petitioner filed a Housing Discrimination Complaint, alleging that he had been discriminated against based on his national origin, Cuban, in violation of the Fair Housing Act, by his landlord, Tom Peters. Following an investigation of the alleged housing discrimination, the Florida Commission on Human Relations issued a document, styled "Determination of No Reasonable Cause," which found that ". . . reasonable cause does not exist to believe that a discriminatory housing practice has occurred. . . ." Thereafter, Petitioner filed a Petition for Relief essentially again alleging his claim of housing discrimination.

On December 12, 2005, the Florida Commission on Human Relations referred the matter to the Division of Administrative Hearings. On December 15, 2005, an Initial Order was sent to both parties. On January 12, 2006, a Notice of Hearing was entered, scheduling the case for final hearing on February 10, 2006, in Orlando, Florida.

At the final hearing, Petitioner testified and offered the testimony of Fausto Alavarado. In addition, he offered two exhibits, which were received into evidence and marked Petitioner's Exhibits 1 and 2. Respondent testified on his own behalf and presented two additional witnesses: Vivian Thompson

and Robert Black. Respondent offered one exhibit, which was received into evidence and marked Respondent's Exhibit 1.

No transcript of the proceedings has been filed. The parties were given ten days to file post-hearing submittals; neither party filed a post-hearing submittal.

FINDINGS OF FACT

Based on the oral and documentary evidence presented at the final hearing, the following findings of fact are made:

1. Petitioner is a Cuban.

   
   

2. Prior to his eviction on or about June 29, 2005, Petitioner occupied an apartment located at 1332 20th Street, Orlando, Florida 32805.

3. Respondent is owner-operator of the dwelling house located at 1332 20th Street, Orlando, Florida 32805, and had rented to Petitioner for six or seven years.

4. Respondent instituted an eviction proceeding in Orange County, Florida, County Court for Petitioner's failure to pay weekly rent. Petitioner was evicted by Court Order. At the time of his eviction, Petitioner owed Respondent $780.00 on an apartment that rented for between $70.00 and $110.00 per week.

5. There was insufficient evidence to establish that Petitioner was evicted for any reason other than the fact that he had not paid his rent.

6. Other than Petitioner's rambling allegation that Respondent had told him, "[Y]ou are a no good Cuban, go back to Cuba," or words to that effect, there was no evidence that Petitioner was evicted because of his national origin. In fact, Petitioner's witness, Fausto Alavarado, a Puerto Rican gentleman, who had rented from Respondent a similarly long time, had not heard such comments and testified that Respondent "never treated him inappropriately."

7. Respondent and other witnesses denied discriminatory statements and indicated that Respondent had evicted others for non-payment of rent. Respondent and these witnesses are credible.

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction of the parties to and the subject of this proceeding. § 120.57(1), Fla. Stat. (2005).

9. In the instant case, Petitioner seeks relief pursuant to the provisions of Sections 760.20 through 760.37, Florida Statutes (2005), denominated as the "Fair Housing Act." Respondent is not exempt from the provisions of the Fair Housing Act. § 760.20, Fla. Stat. (2005).

10. Subsection 760.23(2), Florida Statutes (2005), provides, in part:

    It is unlawful to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, national origin, sex, handicap, familial status, or religion.

    
    

11. Pursuant to Subsection 760.34(5), Florida Statutes (2005), the burden of proof is on Petitioner to establish the allegations supporting his claims of discrimination. Petitioner failed to meet his burden of proof in this proceeding. The evidence established that Petitioner's claims of discrimination are without merit and that Respondent had a valid legal basis

for evicting Petitioner.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Petition for Relief.

DONE AND ENTERED this 14th day of March, 2006, in Tallahassee, Leon County, Florida.

S

JEFF B. CLARK

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 14th day of March, 2006.

COPIES FURNISHED:

Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Tom Peters

138 North Hart Boulevard Orlando, Florida 32835

Alejo Fernandez

2000 South Orange Blossom Trail Orlando, Florida 32805

Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 05-004561

Orders for Case No: 05-004561